Celik v Bayside Council [2018] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: Celik v Bayside Council [2018] NSWLEC 1124 Hearing dates: 1-2 March 2018 Date of orders: 05 March 2018 Decision date: 05 March 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: 1. The applicant is granted leave to rely on amended plans; 2. No order as to costs; 3. The objection pursuant to cl4.6 of the Rockdale Local Environmental Plan 2011 is not sustained; 4. The appeal is dismissed; 5. Development Application No 2017/286 for demolition of the existing one and two storey home and the construction of a four storey dual occupancy development and subdivision at 10 Lambert Road Bardwell Park is refused; 6. The exhibits are returned with the exception of Exhibit 1, A and R. Catchwords: DEVELOPMENT APPEAL – dual occupancy development – height exceedance – variation to standard sought – steep land- vegetation removal – transition to adjoining zone – variation request not upheld. Legislation Cited: Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190) Future Space Pty Ltd v Kuring-gai Council [2009] NSWLEC 153 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Kenedi Celik (Applicant) Bayside Council (Respondent) Representation: Solicitors: Mr Peter R Rigg (Applicant) Mr John Cole, HWL Ebsworth (Respondent) File Number(s): 2017/273603 Publication restriction: No